A. The feepayer shall pay the amount of the transportation impact fee as determined from the schedule of fees established pursuant to Section 16.44.070.
1. If a building permit is requested for a structure or structures that will feature two or more different and separable uses, the fee shall be determined by apportioning the space committed to the respective different and separable uses and applying the appropriate land use category for each such apportioned space. Where a building permit is requested for a structure that will feature two or more distinguishable uses but such uses are not separable, the city engineer shall determine which use is the predominant use and shall apply the land use category appropriate for such predominant use to the entire building area of the project.
2. If a building permit is requested for a restaurant or retail use that includes outdoor space intended for permanent use in conjunction with the indoor portion of the restaurant or retail use, then the outdoor space will be included in overall building size as a restaurant or retail space, as the case may be, in the determination of the fee.
3. If a shell building permit is requested for a planned retail, office or industrial use tenant, then the fee will be determined at the lowest fee rate for the applicable land use shown in the schedule of fees. If necessary, additional fees will be determined at the time that a tenant improvement permit is requested if the land use is higher than that used for the shell building permit.
4. For applications for an extension of a building permit or an extension of a permit for mobile home installation, the amount of the fee is the difference between that fee then applicable and any amount already paid pursuant to this chapter.
5. If the land use category for a development project that a building permit is applied for is not clearly specified on the applicable fee schedule, the city engineer shall use the fee applicable to the most nearly comparable type of land use category on the fee schedule. The city engineer shall be guided in the selection of a comparable type by the report titled "Trip Generation" (latest edition) prepared by Institute of Transportation Engineers. If the city engineer determines that there is no comparable type of land use category on the applicable fee schedule, then the city engineer shall determine the fee by:
a. Considering comparable traffic generation statistics for similar types of land use categories contained in the report titled "Trip Generation" (latest edition) prepared by Institute of Transportation Engineers; or
b. If no appropriate land use category can be determined through subparagraph a., allowing the feepayer to submit an independent trip generation study prepared in accordance with the requirements of the Institute of Transportation Engineers. The study shall be prepared and presented by professionals qualified in their respective fields. The city engineer shall consider the study, but is not required to accept the study as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require an amended study for consideration. If an acceptable independent trip generation study is not presented, the feepayer shall pay transportation impact fees based upon the city engineer's determination in subsection (3)(a) of this section. If an acceptable independent trip generation study is presented, the city engineer shall determine the fee level by applying the number of trips indicated in the independent trip generation study to the fee rate calculation formula as contained in the nexus study.
6. In the case of change of use, redevelopment or expansion or modification of an existing use that requires the issuance of a building permit or permit for mobile home installation, the transportation impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. The city engineer shall be guided in this determination by traffic generation statistics contained in a report titled "Trip Generation" (latest edition) prepared by Institute of Transportation Engineers. (Ord. 2017-01 (part), 2017: Ord. 2008-14, 2008: prior code § 9500)